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HYDROWORKS LTD
V.
RIMI LOCAL GOVERNMENT

(2001) JELR 52535 (CA)

Court of Appeal 27 Jun 2001 Nigeria
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Case Details

Suit Number:CA/K/248/2000
Judges:ISA AYO SALAMI, JCA (Presided and Read the Lead Judgment) MAHMUD MOHAMMED, JCA VICTOR AIMEPOMO OYELEYE OMAGE, JCA
Counsel:O. B. M. Odeh, Esq., - for the Appellant. D. Umar, Esq., - for the Respondent.

SALAMI, JCA (Delivering the Lead Judgment): This is an appeal against the decision of Katsina State High Court of Justice, sitting in Katsina, wherein the appellant applied under Order 46 rule 1 of the Katsina State High Court (Civil Procedure) Rules for the following order:-

“(1) An order directing the Deputy Sheriff of the High Court to levy execution on the assets of the respondent in satisfaction of the judgment of the High Court in the sum of N4,249,109.99 in suit No. KTH/8UL/98.” A copy of the certificate of judgment was attached to the affidavit in support and marked as exhibitA and B. There is a further and better affidavit with 2 attachments. The application is opposed by a counter-affidavit. I cannot find authority for bringing this application pursuance of Order 46 rule 1 of the Katsina State High Court (Civil Procedure) Rules Cap. 60 of the Laws of Katsina State of Nigeria, 1991. The applicant’s remedy lies in Sheriffs and Civil Law Cap. 125 of the Laws of Katsina State o…

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